Claimant v Y

Outcome

Facts

The claimant brought employment claims in February 2023. Over the following two years, she persistently failed to comply with tribunal directions for disclosure of documents, witness statements, and case preparation, despite multiple extensions and clear warnings from three different Employment Judges. The claimant sent over 5,300 pages of largely irrelevant correspondence to the respondent and tribunal, including offensive materials such as photos of soiled underwear and used sanitary pads, social media posts, references to the British Empire and Palestine, and threats to report representatives to the SRA and sue the tribunal. She repeatedly breached anonymity orders in place to protect her ex-partner in concurrent family court proceedings.

Decision

Employment Judge Butler struck out the entire claim under Rules 38(1)(b) and 38(1)(c) for persistent and deliberate non-compliance with tribunal directions and unreasonable conduct. Despite over two years of case management, extensions, and warnings from multiple judges, the claimant refused to cooperate, failed to disclose documents, and sent thousands of pages of irrelevant and offensive correspondence. The judge concluded there was a significant risk a fair trial was no longer possible, the claimant had robbed herself of that opportunity, and no lesser sanction was appropriate.

Practical note

Legal authorities cited